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HomeMy WebLinkAbout1978-06-07 i78 June 7, 1978 Bozeman, Montana The Commission of the City of Bozeman met in regular session in the Commission Room, Muni- cipal Building, June 7, 1978, at 1:15 0'c1cok p.m. Present were Mayor Sedivy, Commissioner MacNab, Commissioner Vollmer, Commissioner Swanson, Commissioner Vandeventer, City Manager Gesko, City Attorney Berg, and the Clerk. Commissioner MacNab opened the meeting with a prayer, whereupon the minutes of the regular I meeting held on Wednesday, May 31, 1978, were approved as submitted. Decision - re Zone Map Change - Warren Ye1ey - Site located south of Lincoln Road, east of South 19th and on Willow Way from RS-1 to R-3 The decision on the request of Warren Yeley to rezone approximately 4.3 acres of land from RS-1 to R-3, having been deferred for a period of one week, was brought before the Commission for a final decision. The City Manager stated one of the interested property owners had advised him that one of the Commissioners had contacted one person in the immediate vicinity and suggested that the neigh- bors protesting join together and purchase the property in question and develop it the way they want to. Commissioner Swanson stated he hoped he could help the situation by suggesting to the neighbors that they join together and purchase the property and do as they wish. The City Manager did not think there was anything unethical in Commissioner Swanson doing that. The attorney representing the applicant responded that this was the first they had heard. He said no offer had been made. The Mayor asked the City Attorney what the Commission should use to govern their action. The City Attorney commented on the use of information supplied after the public hearing had been closed. He indicated he had submitted a letter of inquiry to Judge Lessley of the Eigh- teenth Judicial Court regarding a similar matter. He further stated there was no challenge to I show prejudice so didn't think Commissioner Swanson had to be disqualified. It was moved by Commissioner Vollmer, seconded by Commissioner Swanson, that the 4.3 acres of land be rezoned from RS-1 to R-3 as requested by Warren Yeley. The motion failed by the following Aye and No vote, those voting Aye being Commissioner Vollmer, Commissioner MacNab, and Mayor Sedivy; those voting No being Commissioner Vandeventer; and Commissioner Swanson ab- stained. The request was denied because of a lack of three-quarters majority to approve the zone change. The attorney representing the applicant inquired as to whether this satisfies the issue of the three-fourths voting requirements when twenty percent or more of the adjacent property owners protest the zoning change. The City Attorney explained that the request for a zone change would not become effective except by the favorable vote of three-fourths of all members of the City Commission in accordance wi th RCM, 1947, as follows: 11-2705 Changes. Such regulations, restrictions, and boundaries may from time to time be amended, supplemented, changed, modified, or repealed. In case, however, of a protest against such change, signed by the owners of twenty percentum or more either of the area of the lots included in such proposed change, or of those immediately adjacent in the rear thereof ex- tending one hundred and fifty feet therefrom, or of those directly opposite thereof extending one hundred and fifty feet from the street frontage of such opposite lots, such amendment shall not become effective except by the favorable vote of three-fourths of all the members of the city or town coun- cil or legislative body of such municipality. The provisions of the pre- vious section relative to public hearings and official notice shall apply I equally to all changes or amendments. The City Attorney again stated that there was no reason for Commissioner Swanson to ab- stain and directed him to vote on the issue. He further recommended that, in light of the con- troversy of this issue and to insure that all proper voting procedures be complied with, the motion be made again. It was moved by Commissioner Vollmer, seconded by Commissioner Vandeventer, that the re- quest of Warren Yeley for a zone change from RS-l to R-3 be granted. The motion was carried by the following Aye and No vote, those voting Aye being Commissioner Vollmer, Commissioner Swanson, Commissioner MacNab, and Mayor Sedivy; those voting No being Commissioner Vandeventer. ,:479 Decision - Conditional Use Permit - William A. Phillips - Construct 7 unit apartment at 523 East Babcock Street The decision on the request of William A. Phillips to construct a seven-unit apartment composed of 644 square feet of floor area located at 523 East Babcock Street, having been deferred I for a period of one week, was brought before the Commission for a final decision. The City Manager advised the Commission that Mr. Phillips had asked for a two-week delay on a decision in this matter. It was moved by Commissioner Swanson, seconded by Commissioner Vandeventer, that the Com- mission delay action on the request for a Conditional Use Permit for a period of two weeks. The motion was carried by the following Aye and No vote, those voting Aye being Commissioner Swanson, Commissioner Vandeventer, Commissioner MacNab, Commissioner Vollmer, and Mayor Sedivy, those voting No, none. Decision - re Zone Change - Clair and Sharon Daines - Rezone one-acre lots from RS-1 to R-1 Having delayed action on the request of Clair and Sharon Daines to rezone one-acre lots from RS-1 to R-1 for a period of one week, it was again presented. The Zoning Commission recommended approval of the request, subject to a favorable annexa- tion report by the staff. Following discussion, the Commission concurred in the recommendation of the City Manager, and it was moved by Commissioner Vandeventer, seconded by Commissioner MacNab, that the Commission approve the request for a zone change from RS-1 to R-1 contingent upon a favorable annexation re- port by the staff. The motion was carried by the following Aye and No vote, those voting Aye being Commissioner Vandeventer, Commissioner MacNab, Commissioner Vollmer, Commissioner Swanson, and Mayor Sedivy, those voting No, none. Continued Public Hearing - Michael J. Powers - To construct petroleum products warehouse located I on Lots 6 and 7 of May's Tracts The hearing on the request of Michael J. Powers for a Conditional Use Permit to allow the construction of a petroleum products warehouse, office space, key-stop outlet and future self- serve gasoline outlet, located on Lots 6 and 7 of May's Tracts, having been continued for a period of two weeks, was brought before the Commission. Paul Bolton, Planning Director, gave the staff report. The developer has obtained an access permit from Griffin Drive. The location is on the western edge of the property. The Mayor declared the continued public hearing closed, and the City Manager recommended the request for a Conditional Use Permit be approved. It was moved by Commissioner MacNab, seconded by Commissioner Vollmer, that the Commission approve the request for the Conditional Use Permit with the following conditions: 1. The access from Griffin Drive be approved by the City Engineer. 2. Signing be limited to one free-standing sign not to exceed the height of twenty feet. Said sign shall not exceed fifty square feet in sign area per side. 3. A final landscaping plan be submitted and approved by the Planning Department before issuance of a building permit. Said landscaping plan shall consist of size, location and type of p1antings, at least 75% of which shall be of vege- tative material. 4. Drainage, sediment and erosion control shall be approved by the City Engineer. 5. All on-site improvements shall be completed within 12 months after the issuance of a building permit. I 6. Paving of the eastern driveway be completed to Griffin Drive. The motion was carried by the following Aye and No vote, those voting Aye being Commissioner MacNab, Commissioner Vollmer, Commissioner Swanson, Commissioner Vandeventer, and Mayor Sedivy, those voting No, none. Public Hearing - Zone Change (a) Montana Industrial Development Company - To rezone a parcel of land in the northeast section of town from Agricultural Suburban to Residential-Mobile Homes - To be tabled This was the time and place set for a public hearing to consider the request of Montana Industrial Development Company for a zone change from Agricultural Suburban to Residential-Mobile i80 Homes. The applicant seeks a zoning change to rezone a parcel of land in the northeast section of town from Agricultural Suburban to Residential-Mobile Homes. The Planning Director gave a brief staff report and stated that they had received a let- ter from Rick Mayfield and Associates, representing the applicant, which requested that this application be tabled until such time as the report on annexation is completed by the City staff I or until such time that they may request this matter again be brought before the Zoning Com- mission. The City Manager recommended that the request for a zone change be tabled pending a rec- ommendation from the Zoning Commission, and that the time of the hearing be announced by the press. (b) Southwood Properties - Zone code amendment to permit professional and business uses as a permitted use in B-1 zone This was the time and place set for a public hearing to consider the request of Southwood Properties for zone code amendment to permit professional and business uses as a permitted use in Neighborhood Business Districts. The Planning Director stated the intent of the neighborhood business district is to pro- vide for small retail and service activities frequently required by neighborhood residents on a day-to-day basis, while still maintaining a residential character. Professional and business uses could be service in nature, thus meeting the overall intent of the district. The request of the Southwood Properties was tabled by the Zoning Commission so that an evaluation of the impact of this matter can be made. (c) Gerald Gates - from RS-1 to R-3 to be divided into three lots for two additional single-family dwellings - To be tabled This was the time and place set for a public hearing to consider the request of Gerald Gates for a zone change from RS-1 to R-3. The request is to allow the applicant's site to be I divided into three lots for two additional single-family dwellings. The site is located be- tween Sourdough Road and South Rouse Avenue and north of Lincoln Street extended. The Planning Director presented the staff report, recommending denial of this applica- tion in order to remain consistent with the past policy of not changing the zoning in the area until the Soil Conservation Service flood plain study is completed. The Mayor declared the hearing open and asked if there was anyone present either to pro- test or in favor of the requested zone change. The City Engineer said the staff was waiting for the Soil Conservation Service report. Rick Mayfield, Mayfield and Associates, representing the applicant, addressed the Com- mission and presented the Commission with the plan the applicant has for this area. The ap- plicant desires three lots only for single-family dwellings. The existing dwelling would be located on one of the lots, and the applicant's two sons would build homes on the other two proposed lots. The applicant had applied for the R-3 zoning only to remain consistent with the adjoining zoning. He had no plans to build anything other than single-family dwellings. Mr. Mayfield further stated the applicant was willing to accept a covenants agreement with the City which would not allow for anything but single-family development. Greg Morgan opposed the requested zone change due to the traffic partern it might es- tablish. He indicated strong opposition to any proposal for extending Garfield Street through to Sourdough Road. They do not want the neighborhood split wide open and would oppose any- thing that does not involve a whole unit development plan. The applicant stated that there is no room for a road and it would take considerable I effort to fill the area so that a road could be extended east to connect with Sourdough Road. The City Manager indicated that his feelings were with the applicant and that he would feel badly if they acted hastily and would feel worse if the master plan called for a road. The Mayor declared the hearing closed, and the City Manager recommended that action be deferred for a period of one week. (d) Southwood Properties - To rezone an existing neighborhood business district from B-l-T to R-2 This was the time and place set for a public hearing to consider the request of S'outhwood Properties to rezone an existing neighborhood from B-l-T to R-2. The proposed zone change is 181 located along Willson Avenue to continue the development of single family residences along Willson Avenue. The Planning Director gave a brief staff report. The Zoning Commission recommended that the request of Southwood Properties to rezone an existing neighborhood from B-l-T to R-2 be approved. I The Mayor declared the hearing closed and the City Manager recommended that action be deferred for a period of one week. Public Hearing - Conditional Use Permit - S.R. McEwen to construct 13,000 sq. ft bldg. located in Wheats Commercial Subdivision That was the time and place set for a public hearing to consider the conditional use per- mit requested by Mr. S.R. McEwen to construct an approximately thirteen thousand square foot building on an approximately sixty-six thousand two hundred fifty square foot lot located in Wheats Commercial Subdivision. The Planning Director presented the staff report and recommended approval thereof with conditions. There was no one present to protest the request for a conditional use permit. The Mayor declared the hearing closed and the City Manager recommended that action be deferred for a period of one week. . Consideration of Bituminous plant mix material The Street Superintendent and the City Staff having completed their study of the bid of Pioneer Ready Mix, it being the only bid submitted, recommended that Pioneer Ready Mix of Bozeman be awarded the bid for the purchase of 5,240 tons of plant asphalt mix at $67,970.00, and recommended that it be accepted. The Commission concurred withfue recommendation of the Street Superintendent and the City Staff, and it was moved by Commissioner MacNab, seconded by Commissioner Vollmer, that I Pioneer Ready Mix of Bozeman be awarded the bid for the purchase of the bituminous plant mix on the basis as atated above. The motion was carried by the following Aye and No vote, those voting Aye being Commissioner MacNab, Commissioner Vollmer, Commissioner Swanson, Commissioner Vandeventer, and Mayor Sedivy, those voting No, none. Change Order - Bozeman Sewer Rehabilitation - Schedule II Change Order No. 2 on the Bozeman Sewer Rehabilitation as prepared by Thomas, Dean and Hoskins, Inc. , Bozeman to become a part of the original contract was presented as follows: Description: Additional gravel and pavement for driveway crossings along the west side of North Rouse Avenue Purpose: To replace driveways to original condition Cost Gravel - 292 sq. yds @ 2.50 - 730.00 Pavement-118 sq. yds @ l5. 00 - 1,770.00 $2,500.00 The City Manager concurred with the Thomas, Dean & Hoskins, Inc., and recommended that Change Order No. II be accepted and approved as presented. Commissioner Swanson asked if the construction delay on the part of the contractor had any bearing on the paving of the driveways. He suggested that if so, the contractor should have to pay the additional expense. Mr. Cummings of Thomas, Dean & Hoskins, Inc., and the City Engineer said to delay action on the change order would affect the compliance schedule set with EPA. I The Commission also asked the engineers to research whether the contractors delay result- ed in the paving of the driveways before the construction was completed. It was moved by Commissioner Vollmer, seconded by Commissioner Swasnon, that the Changl.= Order be approved and the Mayor and Clerk of the Commission be authorized and directed to sign for the City. The motion was carried by the following Aye and No vote.-those voting Aye being Commissioner Vollmer, Commissioner Swanson, Commissioner Vandeventer ,__Commissioner MacNab, and "'- Mayor Sedivy, those voting No, none. ~ Petition - Glen E. & Ada Hall - permission to extend the use of Water and Sewer disposal services to proposed home site located in Block 500 of Kagy Boulevard. A petition signed by Glen E. and Ada J. Hall requesting permission to extend the use of ,48.2 water and sewer disposal services to their proposed home site located in the five-hundred block of Kagy Boulevard was presented. The Halls consented to a waiver of protest for annexation in exchange for the extension of the utilities. It was moved by Commissioner Swanson, seconded by Commissioner Vandeventer, that the Commission acknowledge receipt of the petition and direct it to the proper staff for their study and determination. The motion was carried by the following Aye and No vote, those I voting Aye being Commissioner Swanson, Commissioner Vandeventer, Commissioner MacNab, Com- missioner Vollmer and Mayor Sedivy, those voting No, none. Display of Plaque - to be awarded to Bozeman Hawks The Plaque which the Commission ordered for presentation to the Bozeman Hawks, upon achieving State Championship status in the basketball tournament last season was displayed for reviewing by the Commission. Reports The following reports were presented: Building Inspector for May Library for May Police Department for May Director of Public Service for March The City Manager commented on the reports and recommended they be accepted and ordered filed. It was moved by Commissioner Vandeventer, seconded by Commissioner MacNab, that the reports be accepted and ordered filed. The motion was carried by the following Aye and No vote, those voting Aye being Commissioner Vandeventer, Commissioner MacNab, Commissioner Vollmer, Commis- sioner Swanson and Mayor Sedivy, those voting No, none. Gallatin Saddle Club - Parade June 20, at 2:30 o'clock p.m. A letter received from the Gallatin Saddle Club, requesting permission to conduct a I parade on June 20, 1978, at 2:30 p.m. was presented. It was moved by Commissioner MacNab, seconded by Commissioner Vollmer, that the request to conduct the rodeo parade be approved. The motion was carried by the following Aye and No vote, those voting Aye being Commissioner MacNab, Commissioner Vollmer, Commissioner Swanson, Commissioner Vandeventer and Mayor Sedivy, those voting No, none. Transfer funds from Library Book Account to authorize an appraisal of a potential new Library site - $l,200.00 It was moved by Commissioner Vollmer, seconded by Commissioner Swanson that the Commission appreve a transfer of funds from the Library Book account to authorize an appraisal of a poten- tial new Library site in the amount of $1,200.00. The motion was carried by the following Aye and No vote, those voting Aye being Commissioner Vollmer, Commissioner Swanson, Commissioner Vandeventer, Commissioner MacNab and Mayor Sedivy, those voting No, none. Claims for May 1978 The payroll claims and the general claims for the month of May were presented. The City Manager had checked the claims and found them to be true and lawful claims against the City of Bozeman and recommended they be approved and the Director of Finance be instructed to issue warrants in payment. It was moved by Commissioner Swanson, seconded by Commissioner Vandeventer, that the claims be approved. The motion was carried by the following Aye and No vote, those voting I Aye being Commissioner Swanson, Commissioner Vandeventer, Commissioner MacNab, Commissioner Vollmer and Mayor Sedivy, those voting No, none. Adjournment There being no further business to come before the Commission at this time, it was moved by Commissioner Swanson, seconded by Commissioner Vandeventer, that the meeting be adjourned. The moti~ was carried by the following Aye and No vote, those voting Aye being Commissioner Swanson, Commissioner Vandeventer, Commissioner MacNab, Commissioner Vollmer and Mayor Seaivy, those voting No, none. ATTEST: (/ ~L EDMUND P. SEDIVY, SR., MAYOR G-:,Y'.-o/ / d4"~ ERNA V. HARDlNG, CLERK~ THE CITY COMMISSION